Township approves Cottrill development- with conditions

May 13, 2004|BY KIRSTEN FREDRICKSON NEWS-REVIEW STAFF WRITER

HARBOR SPRINGS - Following months of discussion and another four hours of debate Wednesday, Friendship Township officials have moved forward to recommend a 102-acre development north of Harbor Springs.

But there are several conditions for the recommended approval to the Emmet County Planning Commission of the plan by Craig Cottrill of Harbor Springs. And it took planning commission members several motions to come to a conclusion approved by the majority.

Commissioners first laid out five conditions in order to meet approval:

- set 100-foot buffers along M-199, Lower Shore Drive and portions of the eastern edge of the property (which lies along the Angell Farm),

- meet all soil and erosion control measures ,

- common elements must be undisturbed and dedicated for protection,

- hold an independent review of the King and McGregor Environmental report, and

- master deed and bylaws must reflect site plan and conditions set forth.

Advertisement

But it was the sixth condition that caused the most debate.

Planning commission member Doug Sundmacher said he wrestled with the plan in the beginning, a plan which began with 66 homes sites and now includes 60 homes sites.

"The bottom line as far as I'm concerned is the open space," he said. "And if I vote yes in favor of this I don't think I'm doing the township any good."

Sundmacher went on to explain that residents have deeply expressed an interest in 50 percent open space (the site plan has about 25 percent). That is something that is laid out in the township's master plan and he said that 50 percent was necessary.

But commissioner Paul Nettleman disagreed.

"The master plan is not a legal document," he said. "What we've got in there is we're pushing for 50 percent open space. I don't think we can demand 50 percent when the Emmet County zoning doesn't require it."

Terry Franklin and Sundmacher both agreed that a lot of work was spent on the township's master plan and it should be utilized.

"We have a master plan that we spent three years on and it's pointless unless we adhere to it," Sundmacher said.

After a motion to accept the project based on the five conditions was lost to a tie vote, a motion to deny the project based on not meeting the 50 percent open space also reached a stalemate.

Finally, commissioners agreed to add the 50 percent open space to the list of other conditions. The conditions set forth were in response to comments received by the audience earlier in the evening.

Doug Smith, a Lower Shore Drive resident, said he has seen several aspects of the plan change through the course of the last few months. But he still feels some issues are not laid out, such as written protection of common areas.

"This development in my opinion has not been appropriately presented to this planning commission. You should have all these answers in a master deed in front of you," he said.

"Without a master deed we have no guarantee," echoed Gail Forgacs, another Lower Shore Drive resident.

But Mary Whitmore, a local resident and wildlife educator, said her concern was over the list of rare animals that she has either seen one mile from the Cottrill property or feel may be on his property.

"There are several threatened or endangered species in the vicinity of this area," Whitmore said, pointing out that red shouldered hawks live within one mile of the project. "The question remains, is it good enough? Do we say that if a developer revises a plan five times it's good enough? Do we say that 25 percent open space is good enough?"

Planning commission chair Denise Simon said she was comfortable the conditions set forth.

But Cottrill did note that he felt he had already done that with changes he had made to his plan including lowering lot numbers, changing entrances and setting forth a buffer along M-119's Heritage Highway.

"We tried to take a lot of people's concerns into consideration. And I think we did that. We've got a substantial amount of open space," he said. "I think we've come a long way."

Immediately following the planning commission meeting, township trustees agreed that additional conditions should be requested of Cottrill.

"My thoughts are that I agree with all five points. I do not agree with the sixth point," said trustee Norman Mottl.

And clerk Janelle Van Divner said she also had a hard time recommending such a specific number to the county.

"I believe it would weaken our approach to get the recommendations met," Mottl said.

Trustees did agree to alter that final recommendation to say they would like to see additional or increased common areas.

The recommendations will next be reviewed by the Emmet County Planning Commission with a Cottrill site walk at 6 p.m. followed by a 7:30 p.m. meeting Thursday, May 20, at the Friendship Township hall, 3081 Wressel Road.

Kirsten Fredrickson can be reached at 439-9398, or kfredrickson@petoskeynews.com.